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- Referred to codes
- Referred to codes
Full text
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Sponsor's memo
BILL NUMBER:S2928
Title of bill
An act to amend the penal law, in relation to the administrative provisions relating to the issuance of firearms licenses
Purpose
To prohibit a license-issuing officer from imposing unregulated restrictions or conditions on a firearms license or license holder.
Summary of provisions
Amends §400.00 of the Penal Law, by adding a new subdivision 2-a that prohibits licensing officers from imposing restrictions on licenses other than those set forth in §400.00.
Existing law
Present law places few limits on the restrictions that a firearms licensing officer can impose. This bill provides a more defined set of limits.
Justification
The Penal Law provides that a resident of the State of New York may apply for, and when accredited receive, either a license to possess a pistol or revolver at his residence or place of business; or, a second type of license which permits a person to possess and carry a pistol or revolver.
Over 55 license-issuing offices in the State of New York are presently issuing such licenses; but many of these issuing officers are imposing unregulated restrictions, or conditions, or fees on the license and license holder which have not been sanctioned by the New York State Legislature. The total lack of uniformity in these authority-usurping restrictions has created a legalistic nightmare for the citizens of this state.
Present law should clearly state that no authority, beyond that which the Legislature has assigned. should be assumed and abridged. Any procedures for administering state law should be established by the State Legislature.
Enactment of this bill will obviate the necessity for lengthy court tests by law enforcement agencies.
Legislative history
2007-08: S.1347 - Referred to Codes 2009-10: S.1806 - Referred to Codes
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.